The Nelson Evening Mail. MONDAY, NOVEMBER 3, 1879.

Nelson Evening Mail, Volume XIV, Issue 251, 3 November 1879, Page 2

The Nelson Evening Mail. MONDAY, NOVEMBER 3, 1879.

A member of the House once said that legislation which affected such matters as fencing or impounding was of more interest to bis constituents than any information relative to the financial condition of the colony. Whether tbis is the case or not, a sufficient amount of interest is undoubtedly taken, by our country readers especially, in tbe fencing laws of the country to justify us in giving an abstract of " The" Fencing Act, 1879," introduced into the Lfgislative Council by the Hon Mr Waterhouse. It is to apply to selectors of land on deferred payments or agricultural leaseholders as well as to freeholders, and it commences by repealing all previous Acts on tbe subject, whether General or Provincial, including " The Nelson Gorse Hedges Act, 1 86 » ," "The Nelson Fencing Act, 1862," "The Nelson Pastoral Districts Feucing Act, 1863," and an Act passed by the Provinc'al Council in 1866 to repeal the Act of 1862. The Council of every County is to appoint for each Riding Inspectors of Fences, and is to fix the scale of fees that may be charged by them. To tbese Inspectors are to be referred all disputes between neighboring property holders, and if any party is dissatisfied with the decision of the Inspector be may apply to the Resident Magistrate for n further and final hearing. Schedule A defines at length what constitutes a "sufficient fence" within the meaning of the Act. No person may plant gorse or sweetbriar upon any boundary line or dividing fence without the consult of the owners or occupants of tbe adjoining lands, or abutting upon any public road or reserve or Crown lands wilhout the consent of the proper authority having control over such road, reserve, or Crown lands. Power is given to construct a fence on a road in order to protect a live fence. Adjoining occupiers are to be liable to contribute to the construction of a dividing fence between their properties in equal proportions, notwithstanding thafc such fence shall not extend along tbe whole boundary line. Notice of intention to fence is to be given, and served as provided for. If any person upon whom such a notice is served objects to the kind of fence mentioned, he is within twenty-one days to state such objection in writing, and if they cannot agree, tbe matter is to be referred to an Inspector, and the fence may be constructed in accordance with bis decision, each party being liable for one half of the cost. Anyone purchasing or leasing Native or Crown Lands between whicb and an adjoining property a fence has been erected sball, upou becoming the purchaser or lessee, be liable to pay balf the value of the fence. Fences erected by mutual consent, whether in accordance with Schedule A or not, thall be deemed " sufficient," provided the Inspector, after receiving notice of the intention to erect them, does not raise any objection. Tbe maximum price for half the cost of fencing is cot to exceed £1 per chain, but there may be an additional charge for clearing bush along a line of fence Where a river, creek, or natural water-course forms the boundary of contiguous lands, the owners or occupiers may agree upon a line of fence, and in the event of tbeir not agreeing they may call in an Inspector who shall decide npon tbe line, and what compensation in tbe shape of an

annual payment shall be paid to either party in consideration of loss of occupation of land. In i he case of a Crown tenaut beinp one of the parties affected hy a fence it shall he optional with bim, instead of paying half the cost, to pay interest upon it at the pate of ten per cent per annum. If an owner or occupier of lai.d bobnded by a road shall have erected a fence on the common bouudary of his land and the road, and any other person shall avail himself in any way of ihat fence, the person so doing shall be liable to pay interest at the above rate so long as he flukes Use of the feuce, and also for the repairs of the fence. When dividing fences require repairs the adjoining occupiers are.to be liable for the dost of making such repairs in equal proportions. The remaining clauses provide for the enforcement of proceedings under the Act, and other details of a minor cbar acter, but the principal provisions are contained iv the above.